The Constitutionality of Compulsory Land Acquisition in Vietnam: Issues and Recommendations

This article identifies and analyzes the theoretical, constitutional, and practical bases for governmental land acquisition in Vietnam from a comparative perspective. The authors contrast political ideologies of private ownership and public interests to elucidate the grounds for compulsory acquisition of property for public uses. By reviewing constitutional provisions on compulsory land acquisition in several countries (Singapore, Korea, Australia, India, and the United States), and exploring Vietnam’s constitutional provisions on land acquisition for national defense, security and socio-economic development, this article analyzes some key themes of purposes, procedure, and compensation. The paper then suggests specific changes to Vietnam’s Land Law to increase transparency and to provide more legal safeguards for private users of property when government entities recover privately-used land for public purposes.

Community decision-making and privatised spaces: A case study of suburban shopping malls in the Wellington Region

<p>Shopping malls are a widely disparaged urban form, particularly when these have been built in favour of traditional public spaces. Critiques have ranged from their aesthetic to the impact they have on civic life and broader democracy. However, despite being in private ownership, they have been found to play crucial community functions. This is particularly true in suburban communities which often lack alternative forms of community infrastructure. Concurrently, across the globe, a number of malls are in decline and some communities are losing the only form of community space available to them. Moreover, they are often unable to contribute to decision-making regarding these spaces due to their private ownership. This thesis examines the role that suburban shopping malls, in Aotearoa New Zealand can, and do play as community spaces. It assesses decision-making mechanisms, questioning how communities can participate in the development of what they conceive of as their community spaces. Two cases of declining malls in the Wellington Region– the Johnsonville Shopping Centre and the Wainuiomata Mall were selected and 12 semi-structured interviews and three focus groups were conducted. This research found that these malls played an important role as spaces where communities were built and members socially engaged in often ad-hoc, but significant ways. However, due to the private nature of these spaces, community members often felt powerless and unable to participate in decisions relating to this space. This thesis demonstrates the ways in which the legal binary of public and private fails to encapsulate the nature of modern spaces, which in reality, typically exist as a socially constructed hybrid of both. It challenges the existing framework of property rights based on this binary, and subsequent wider community exclusion from decision-making. In response, this thesis offers policy recommendations around community decision-making in order to stimulate vital suburban community space into the future.</p>

Community decision-making and privatised spaces: A case study of suburban shopping malls in the Wellington Region

<p>Shopping malls are a widely disparaged urban form, particularly when these have been built in favour of traditional public spaces. Critiques have ranged from their aesthetic to the impact they have on civic life and broader democracy. However, despite being in private ownership, they have been found to play crucial community functions. This is particularly true in suburban communities which often lack alternative forms of community infrastructure. Concurrently, across the globe, a number of malls are in decline and some communities are losing the only form of community space available to them. Moreover, they are often unable to contribute to decision-making regarding these spaces due to their private ownership. This thesis examines the role that suburban shopping malls, in Aotearoa New Zealand can, and do play as community spaces. It assesses decision-making mechanisms, questioning how communities can participate in the development of what they conceive of as their community spaces. Two cases of declining malls in the Wellington Region– the Johnsonville Shopping Centre and the Wainuiomata Mall were selected and 12 semi-structured interviews and three focus groups were conducted. This research found that these malls played an important role as spaces where communities were built and members socially engaged in often ad-hoc, but significant ways. However, due to the private nature of these spaces, community members often felt powerless and unable to participate in decisions relating to this space. This thesis demonstrates the ways in which the legal binary of public and private fails to encapsulate the nature of modern spaces, which in reality, typically exist as a socially constructed hybrid of both. It challenges the existing framework of property rights based on this binary, and subsequent wider community exclusion from decision-making. In response, this thesis offers policy recommendations around community decision-making in order to stimulate vital suburban community space into the future.</p>

KEDUDUKAN BADAN USAHA MILIK DESA (BUMDES) BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA

Law No. 6 of 2014 on Villages (Village Law) appears to construct Village-Owned Enterprise or Badan Usaha Milik Desa (BUM Desa) as a new form of business entity within the Indonesian legal sphere. BUM Desa is considered to be different from other variants of business entities in Indonesia. There are multiple interpretations regarding the status of BUM Desa, debating whether they are legal entities or not. This normative legal research discusses the legal aspects of BUM Desa following the promulgation of the Village Law. It concludes that: (1) theoretically BUM Desa meets the criteria as a public legal entity. The issuance of Law No.11 of 2020 on Job Creation confirms the status of BUM Desa as a legal entity; (2) BUM Desa is a public business entity with a unique character to villages different from other forms of business entity with private ownership such as limited companies and cooperatives. However, legal provisions on BUM Desa still contain logical inconsistencies regarding the basic conception of BUM Desa and Law 12/2011 does not yet include Perdes as statutory regulation. The confirmation of the status of BUM Desa legal entities needs to be complemented by synchronization with Law 12/2011 to strengthen the position of Perdes as the legal basis for the establishment of BUM Desa along with various other sectoral regulations

Analysis of Brownfields Sites in the Villages and Towns in the Czech Republic

The issue associated with the situation of brownfields around the world is a very current topic today. This article focuses on the situation of the existence of brownfields in the Czech Republic. The aim of this article is to assess the current situation of brownfields from the perspective of municipalities and cities in the Czech Republic. The data in the paper were collected by means of a questionnaire applied to towns and villages in the Czech Republic. The existence of brownfields in regions can have a negative impact on the development of the relevant area, such as villages, towns or higher-level administrative units. The research took place from 9 July 2018 to 31 January 2019. The rate of return on the primary research was 43.2% of the respondents. The results showed that brownfields mainly occur in former industrial regions. The predominant form of ownership of abandoned buildings and grounds was private ownership. It can be stated that agricultural, industrial activity and former civic amenities dominated in the previous use. Last but not least, the study points to regional differences that are noticeable between municipalities and cities in individual NUTS 3 regions in connection to the issue of brownfields.

Gastrointestinal parasites of captive Asian elephants in Kerala

Gastrointestinal parasitic infections invariably affect the health status of elephants and can cause disease and death in elephants. This study was conducted to assess the incidence of gastrointestinal (GI)parasitesof elephants in Kerala and to relate it to the deworming status. A total of 31 Asian elephants presented to the Teaching Veterinary Clinical Complex, Mannuthy, those under private ownership (Thrissur) and forest department formed the basis of the study.It was observed that 32.2 per cent of elephants in the study were affected with GI parasites. High percentage of strongyle ova was observed followed by the mixed infection of strongyle and Strongyloides ova. Statistical analysis of haematological parameters were done by using student t test in SPSS version 24.0. The haematological studies of elephants infected with GI parasites revealed anaemia and eosinophilia.

INSTITUTE OF OWNERSHIP IN THE POST-COMMUNIST REPUBLIC OF ALBANIA

Ownership as a genuine institute of civil rights in the Republic of Albania began to be considered complete only after the change of political systems. Until this period, ownership was a fragmented and incomplete institute due to the fact of the existence of public property, which was one of the principles of the ideology of the monist system. With the change of the corpus of domestic legislation and the signing of international agreements ratified in civil law, the concept of private property will undergo a fundamental change. Building a civil code totally different from the existing one would bring about a different treatment of private property. In the new code, private ownership would be of paramount importance both from a doctrinal and practical point of view. The implementation of the legislation would be a challenge in itself which, in addition to the positive part, will also face issues that are still part of the law practices. The focus would be on restitution and compensation of property to former owners but at the same time the private property institute would address in itself the new ways of acquiring probationary property, property protection and everything else related to this institute of which is considered a fundamental right by the Constitution of the Republic of Albania and the European Convention on Human Rights.